Posted on 07/02/2017 6:56:41 AM PDT by davikkm
I am now researching the rights of the American Taxpayer. Has any taxpayer fought the IRS and won? In fact, yes! The first case we will discuss is https://www.supremecourt.gov/opinions/11pdf/11-139.pdf
The tax code generally allows the IRS to audit three years back, and six in some cases. The U.S. Supreme Court in U.S. v. Home Concrete & Supply, LLC has dramatically cut back on IRS reaches into six year territory. It is an absolutely positive win for the American taxpayer.
The main rule is that the IRS time to audit runs three years after filing or due date. However, the IRS gets double time for a substantial understatement of income where you omit 25% or more. This debate is over.
The Supreme Court agreed to decide if the IRS can go back six years or only three. In the cases:
HomeConcrete & Supply v. U.S. Fourth Circuit
Burks v. U.S. and Equipment Holding Co. LLC v. Commr Fifth Circuit
Bakersfield Energy Partners v. Commr
The IRS lost so was limited to three years!
(Excerpt) Read more at investmentwatchblog.com ...
so do you file an annual tax form or not?
Hell yes, because your beloved feral government will kill me if I don’t.
I pay all the federal income taxes I owe and that is a very, very low number.
Got a letter from the IRS in 2003 asking me to sign a contract agreeing to an imputed amount of income. I filed it in a folder. Got another one about six months later, so I called the IRS agent handling my file. Asked him the following questions:
1. Why did the IRS send me a contract to sign and did he understand that the Constitution barred forced contracts?
2. Could he send me the statute, not the IRS code, that required me under my situation to pay income taxes?
3. I also told him I knew IRS revenue agents have a quota to meet and that even if I did owe taxes, which I didn’t, I wouldn’t be worth the effort
That was the last I’ve heard from the IRS. The key is to let them understand you know that they cannot produce the statute and keep your mouth shut; and they will leave you alone.
That said, this applies to most people’s income from wages, salaries, and commissions. Profits from businesses and investment income is a separate matter and taxes are owed on them.
and you called me a hypocrite. Good day.
Because you are.
bumping this again so that more freepers can see what kind of a dishonest poster E. Pluribus Unum is.
If the USA Constitution provided protection against self incrimination, how could we justify IRS forcing people to sign income tax returns under the penalty of perjury?
It makes no sense, am I missing something here?
Bumping up again so they can see a Soros supporter.
please direct your question to the USSC or a constitutional scholar. I have said I am not one.
proof again not in evidence. This is your refutation of the court cases?
How long will you call attention to your bankrupt position? I have all day.
says the poster who claims there is no legal income tax and yet files an annual statement. Coward, hypocrite.
The USSC also made unconstitutional asset forfeiture the law of the land in the Kelo decision.
Lots of people and companies fight the IRS and win. That is not exactly breaking news. Every case is different. Just know the facts and the law
non sequitur
Illegitimi non carborundum.
Idiotus Maximus Est
In vino veritas.
25.1.1.2 (01-23-2014) -Definition of Fraud Fraud is deception by misrepresentation of material facts, or silence when good faith requires expression, which results in material damage to one who relies on it and has the right to rely on it. Simply stated, it is obtaining something of value from someone else through deceit.
Tax fraud is often defined as an intentional wrongdoing, on the part of a taxpayer, with the specific purpose of evading a tax known or believed to be owing. Tax fraud requires both:
a tax due and owing; and fraudulent intent.
Fraudulent intent is pretty hard to prove if alleged against an individual who has asked the IRS to provide the statute requiring payment of income taxes under their circumstances and the IRS declines to do so.
First thing you need to know, and from your post you don’t know, is that filing and paying are two completely separate things.
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